Allied Terms & Conditions
TERMS AND CONDITIONS
- These Terms and Conditions are incorporated into any sales contract or written agreement between Allied and Owner (as those terms are defined in that agreement) as a material part of any sale to Owner and set the complete scope of Allied’s duties and liabilities. The parties acknowledge that, except for these liability limitations, the selling price would be higher.
- It is the responsibility of the Owner to determine specifications for the work to be performed. Allied will construct and install the agreed materials in accordance with the Owner’s specifications.
- Allied may cancel this agreement upon written notice to Owner. This contract is non-cancelable by Owner except; (a) upon agreed terms reduced to writing; or (b) upon occurrence of an event which by law allows cancellation by a party hereto; or (c) prior to commencement of the work, upon payment of 50% of the contract price; or (d) after commencement of the work, upon payment of (i) 50% of the contract price or (ii) a pro-rata portion of the contract price for materials provided, work performed and costs incurred, whichever is greater. Time is of the essence.
- Title and risk of loss or damage to the materials shall pass to Owner on delivery at job address.
- Owner may inspect the materials for completeness or shortages for five calendar days after delivery. Owner must make written objections to the materials specifically stating any alleged non-conformities. Allied shall have a reasonable period of time to correct or replace the materials. If Owner fails to either object or allow Allied to correct any objections, then Owner shall be deemed to have accepted the materials. At any time Owner becomes aware of any alleged problems, defects, errors or concerns, he must notify Allied in writing within five days of discovery, or they are waived.
- Quoted delivery dates are estimates only. If there is a delay due to any cause, the date of delivery or time for completion shall be adjusted to reflect the delay. Owner will cooperate with Allied in scheduling the work and allowing reasonable access to the property for the work. After commencement or continuation of the work, construction activities shall thereafter be continued in accordance with Allied’s normal construction schedule until the improvements reach substantial completion. Allied will make all reasonable efforts to substantially complete the improvements within a reasonable time. Allied does not warrant or guarantee completion of the improvements on any specific date.
- Materials or accessories furnished by Allied are manufactured by others and carry whatever warranty, if any, those manufacturers provide.
- Allied warrants that the labor it provides will be free of defects in workmanship: (a) for one year on gutters from the date of installation, (b) as long as Owner owns the Property on HardiePlank, doors, and windows, (c) for the same period of time as the manufacturer’s warranty on the materials for roofing, (d) ten years on Energy Wise Radiant Shield (“EWRS”), (e) five years on room additions and conversions, (f) Allied warrants that RainPro gutters outfitted with Microguard gutter covers will not clog as long as Owner owns the Property. Any warranty claims must be promptly made in writing to Allied’s corporate office, to the attention of the Warranty Department. Allied’s limited warranty will be voided if Owner fails to promptly make a written warranty claim. All warranty claims are subject to a $95 service fee.
- To qualify for a Therma-Tru warranty, doors must be painted or stained within six months.
- ALLIED MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT THAT OF GOOD TITLE TO THE MATERIALS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
- ALLIED IS NOT LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR CLAIMS OF LOSS OF USE.
- Payment in full is due upon substantial completion of the contracted work. “Substantial completion” means ninety percent or more of the contracted materials have been installed and the project and/or dwelling can be used as intended. If payment in full is not made upon substantial completion, Owner acknowledges that there will be no warranties in place for the work performed or the materials provided until Allied receives payment in full. Owner agrees to pay interest on all accrued and unpaid amounts at the lesser of eighteen percent per year or the highest nonusurius interest rate allowed by law.
- Any change in method of payment after this agreement is signed is considered a change order and is subject to a three percent fee.
- Owner has no right to retain, back-charge or set off against any amounts payable to Allied.
- No waiver by Allied of any breach of this agreement shall be a waiver of any succeeding breach.
- Until full payment has been made, Allied will retain a security interest in, and lien against, the materials regardless of whether they are attached to realty. Owner shall execute any necessary documents to perfect Allied’s security interest and lien in the materials. Allied is also hereby granted a power of attorney coupled with an interest by Owner to perfect such interest in the property on behalf of Owner. The materials provided by Allied are specially fabricated goods and failure to pay may result in a mechanic’s and materialman’s lien being filed against Owner’s property. Owner agrees to pay to Allied any added costs, charges, or fees incurred by Allied associated with filing and perfecting Allied’s security interest and lien rights.
- Allied’s total liability under this agreement for the materials and services furnished hereunder, from whatever source whatsoever, whether based on contract, warranty, negligence, indemnity, strict liability, statute or otherwise, shall not exceed the price paid by Owner.
- Owner may not bring any claim against Allied without written notice and reasonable opportunity to cure.
- Allied shall have no liability or responsibility for defects or latent conditions in Owner’s property. If a latent condition or a defect is discovered in Owner’s property, as a courtesy, Allied may use reasonable efforts to advise Owner. Owner is solely responsible for any costs or damages associated with or caused by defects to property.
- Allied will take extraordinary care when working with or near existing structures, but Allied is not liable for unavoidable damage to older or brittle materials on the Property. Owner waives any claims relating to damage to older or brittle materials on the Property.
- IMPORTANT NOTICE: YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT AND YOU FAIL TO MEET THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU MAY LOSE YOUR LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.
- THE CONTRACT IS SUBJECT TO CHAPTER 27 OF THE TEXAS PROPERTY CODE. THE PROVISIONS OF THAT CHAPTER MAY AFFECT YOUR RIGHT TO RECOVER DAMAGES ARISING FROM A CONSTRUCTION DEFECT. IF YOU HAVE A COMPLAINT CONCERNING A CONSTRUCTION DEFECT AND THAT DEFECT HAS NOT BEEN CORRECTED AS MAY BE REQUIRED BY LAW OR BY CONTRACT, YOU MUST PROVIDE THE NOTICE REQUIRED BY CHAPTER 27 OF THE TEXAS PROPERTY CODE TO THE CONTRACTOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NOT LATER THAN THE SIXTIETH DAY BEFORE THE DATE YOU FILE SUIT TO RECOVER DAMAGES IN A COURT OF LAW OR INITIATE ARBITRATION. THE NOTICE MUST REFER TO CHAPTER 27 OF THE TEXAS PROPERTY CODE AND MUST DESCRIBE THE CONSTRUCTION DEFECT. IF REQUESTED BY THE CONTRACTOR, YOU MUST PROVIDE THE CONTRACTOR AN OPPORTUNITY TO INSPECT AND CURE THE DEFECT AS PROVIDED BY SECTION 27.004 OF THE TEXAS PROPERTY CODE.
- The following text in ALL CAPITALS only applies if (1) the builder is performing disaster remediation services on the Property with construction of the improvements, (2) after the Governor or county judge has issued a disaster declaration for the county in which the Property is located, and (3) Allied has not maintained a physical business address in the subject county or an adjacent county for at least one year prior to the execution of this Contract. THIS CONTRACT IS SUBJECT TO CHAPTER 57 OF THE TEXAS BUSINESS & COMMERCE CODE. A CONTRACTOR MAY NOT REQUIRE A FULL OR PARTIAL PAYMENT BEFORE THE CONTRACTOR BEGINS WORK AND MAY NOT REQUIRE PARTIAL PAYMENTS IN AN AMOUNT THAT EXCEEDS AN AMOUNT REASONABLY PROPORTIONATE TO THE WORK PERFORMED, INCLUDING ANY MATERIALS DELIVERED. If applicable, this statutorily prescribed provision may affect the initial cash payment amount described above in this Contract.
- Contractors who perform renovations, repairs and painting jobs in pre-1978 homes must, before beginning work, provide owners and tenants with the EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. Owner acknowledges receipt of all EPA information required to be distributed by law. Owner agrees to cooperate with all procedures required by the EPA to create a lead-safe workspace and renovation.
- Federal Trade Commission regulations require disclosure of certain information relating to insulation installed or to be installed in residences. Owner acknowledges receipt of all information relating to insulation required to be distributed by law.
- Because of potential safety and health hazards present during remodeling, as well as the practical limitations on Allied’s ability to control the activities of all persons involved in the construction process and thereby limit the risk of personal injury that may arise from construction activities, the parties agree that, to protect the personal health and safety of Owner and Owner’s licensees and invitees, Owner shall restrict entry by the Owner and Owner’s licensees and invitees onto the Property to a minimum. When Owner choses to enter the Property (except at the request of Allied), and irrespective of Owner’s presence on the Property at such time, OWNER AGREES TO AND DOES HEREBY RELEASE, INDEMNIFY AND HOLD ALLIED HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION ARISING IN FAVOR OF OWNER OR OWNER’S AGENTS, LICENSEES AND INVITEES ON ACCOUNT OF BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY OCCURRING OR INCIDENT TO THE CONDITION OF THE PROPERTY OR THE IMPROVEMENTS. THIS RELEASE AND INDEMNITY IS GIVEN TO ALLIED REGARDLESS OF WHETHER ALLIED OR ITS AGENTS OR EMPLOYEES ARE NEGLIGENT IN WHOLE OR IN PART AND EVEN WHEN THE INJURY, DEATH OR DAMAGE TO OWNER OR OWNER’S AGENTS, LICENSEES AND INVITEES IS CAUSED BY THE SOLE NEGLIGENCE OF ALLIED OR ATTRIBUTABLE TO ALLIED’S NEGLIGENCE PER SE OR IMPOSED BY STRICT LIABILITY.
- Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. It spreads by means of microscopic spores borne on the wind, and is found everywhere life can be supported. Residential home construction and remodeling is not, and cannot be, designed to exclude mold spores. Allied is not performing mold remediation services for Owner.
OWNER RELEASES, ACQUITS AND WAIVES ALL CLAIMS, DEMANDS, LAWSUITS, COSTS, DAMAGES, LIABILITIES, LOSSES AND CAUSES OF ACTION AGAINST ALLIED IN CONNECTION WITH ANY MICROBIAL MATTER OR OTHER FUNGAL GROWTH LOCATED ON THE PROPERTY AND ANY DAMAGES OR INJURIES RELATED THERETO. OWNER AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY MICROBIAL MATTER OF FUNGUS OR SIMILAR CONDITION OF GROWTH ON THE PROPERTY, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECTS, OR ANY OTHER EFFECTS.
- Any change in the method of payment after the contract is signed is considered a change order and subject to a fee equal to 3% of the total price of the contract.
- This agreement, and the rights and duties of the parties under it, are governed by the laws of the state of Texas. Exclusive venue for any and all disputes arising from or related to this agreement shall be in Harris County, Texas.
- This agreement contains all the agreements between the parties. There are no oral agreements and these Terms and Conditions take precedence over any other terms and conditions.